The Site and Application are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms. Your use of the Site or download and use of the Application constitutes your agreement to all such terms, conditions, and notices. If you do not accept these Terms, you may not use the Site or download or use the Application.
Please note that your download and use of the Application is also be subject to other license terms—namely, the Apple® App Store Terms of Services (the “App Store Terms”), if you are downloading and using the Application on an Apple device, and the Google Play™ Terms of Service (the “Google Play Terms”) if you are downloading and using the Application on an Android™ device, all of which are incorporated herein by this reference. The App Store Terms or the Google Play Terms, as applicable, are in addition to these Terms and in the event of any conflict, will prevail over these Terms.
As used in these Terms, “we,” “our” or “us” refers to SCN. “You,” “yours” or other similar designation refers to the person accessing or using the Site.
SCN reserves the right to change these Terms at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site or Application following the posting of any changes to these Terms shall constitute your acceptance of the changed Terms.
ACCESS TO SITE AND APPLICATION
The Site and Application are only available to and intended to be accessed by individuals who (i) may legally receive and use products of U.S. origin, including, without limitation, services and software; (ii) are at least 13 years of age (provided, however, that if you are between the ages of 13 and 17, you may only access and use the Site and the Application if your legal guardian reviews and agrees to these Terms and must monitor your use of the Site and Services); (iii) have a valid account on the social networking service ("SNS") through which you connect to the Site the Application, if any; and (iv) have an account with the applications provider for your mobile device. You agree to be bound by any affirmance, assent or agreement you transmit to SCN using the Site or the Application, including, without limitation, your consent to receive communications from SCN through electronic transmission. When you click “I agree”, “I consent”, “confirm”, or other similarly worded button or entry field in the Application to confirm that you want to continue with a selected action (including, without limitation, in-Application purchases or entry into Challenges or other contests), your agreement or consent is legally binding andenforceable and equivalent of your handwritten signature.
XBowling requires access to the Internet, typically through a cellular data network or a local Wi-Fi network. The quality of your XBowling experience may vary depending on the strength and consistency of your wireless connection. If your bowling center has Wi-Fi, we recommend that you connect to it since it can be challenging to get a good cellular signal within metal-framed buildings such as bowling centers. In any case, we are not responsible for the quality of your Internet access, and we make no representations or warranties about the quality of your experience on your device. Further, a poor Internet connection may result in a poor XBowling experience, and it is solely your responsibility to establish a quality Internet connection. The time it takes to launch the Site or Application, or to update screens within the Site or Application will vary based on a number of factors, including your location, available bandwidth at the time, and the configuration of your device. The availability of XBowling will change from time to time. The quality of the display of bowling scores, challenges, and other Site and Application functions may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Availability is subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet or cellular provider for information on possible Internet data usage charges.
SCN grants you a limited, revocable, nonexclusive, nontransferable license to (i) access and use the Site for the limited purpose of gathering information about SCN and its products and services and to participate in the products and services made available to you on the Site in connection with your use of the Application; and (ii) to install and use the Application on a single mobile device owned and controlled by you that runs the proper operating system software for the version of the Application you download (each, a “Device”), and to access and use the Application on such Device strictly in accordance with these Terms.
You may not download (other than page caching) the Site, or any portion of it, except with the express written consent of SCN. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer, decompile, reverse engineer, disassemble, create derivative works from, modify, adapt improve, enhance, translate, rent lease, lend, sublicense or transfer any portion of the Site or the Application or any materials contained on the Site (including, without limitation, computer programs or other code) or the Application. You must abide by, and may not remove, all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Site or the Application. You also may not (i) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (ii) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software we offer; or (iii) use any of our proprietary information or interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
Your license to access and use the Site and the Application does not include any resale or commercial use of the Site, the Application or its contents; any collection and use of any service or program listings or descriptions; any downloading or copying of information distributed by SCN on the Site or the Application for the benefit of another person or company; or any use of data mining, robots, or similar data gathering and extraction tools, all of which is expressly prohibited. The Site or any portion of the Site or Application may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without our express written consent.
We may change, suspend or discontinue any aspect of the Site or the Application at any time, including the availability of any Site or Application feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Application without notice or liability. Neither we nor our licensors (including Apple and Google) have any obligation to provide any maintenance and support services with respect to the Site or the Application, except as may be required by applicable law.
None of SCN, Apple or Google warrants that the Application will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device, including, without limitation any equipment used or installed at bowling centers that participate with SCN in the Application and associated services. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, may result in permanent the damage to your Device, loss of the data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that SCN and its affiliates, partners, suppliers and licensors (including, without limitation, Apple and Google) shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. You further acknowledge and agree that neither Apple nor Google is responsible for the operation of the Application or its compliance with regulatory standards.
USE OF SITE AND APPLICATION
As a condition of your use of the Site and Application, you warrant to SCN that you will not use the Site or Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Application in any manner that could damage, disable, overburden, or impair the Site or the Application or interfere with any other party's use and enjoyment of the Site or the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Application.
You further represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site (including, without limitation, any Social Features, as defined below) or the Application any materials, User Content or Submissions (each as defined below) that (i) restrict or inhibit any other user from using and enjoying the Site or the Application, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent (including via use of asterisks or other masking characters to disguise profane or obscene words), (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising, promotions or solicitations of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; (ix) include advanced fonts, java, tables, html or other programming codes or commands in messages.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that someone has been using your copyrighted content without your authorization, please see our Copyright Policy.
Some of the services provided on the Site or associated with the Application require you to register and create an account with us under a username you select. To protect your privacy, you should not use your real name when selecting a username, nor may you use the real name of another person. You agree to provide and maintain your account with accurate and complete information about yourself as prompted by the Site or Application. By providing us with such information, you authorize us and our third party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person's account information, or another person's name, likeness, voice, image or photograph.
You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and your account. We may, in our discretion, allow you to authorize additional users on your account. You are responsible for all activities that occur under your account, and we will not be liable for any actions by any other individual that uses your account (including, without limitation, any other authorized users), identity or personal information with or without your consent or knowledge. You also agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Site or the Application. You agree to exit from your account or the Application at the end of each session.
We do not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based solely on the information provided in connection with or in that account, and if multiple people are identified in the content, then we will rely on the contact information listed for that account.
By posting, uploading, inputting, providing or submitting any information, data or materials or engaging in any other form of communication, including, without limitation, any User Content, as defined below (individually or collectively "Submissions") to or through the Site or the Application, you grant SCN and its affiliated companies and necessary sub-licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of these Terms or any applicable federal, state or local law or regulation (including, without limitation, any regulation applicable to the Application). You hereby waive all rights to any claim against SCN for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with SCN’s authorized use of such Submissions. Except as otherwise set forth in these Terms, the Submissions will be treated as being non-confidential and nonproprietary, and SCN assumes no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Submissions.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Submission. You acknowledge that, by submitting Submissions through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and SCN other than pursuant to these Terms or as established by applicable federal, state or local law or regulations.
THIRD PARTY SOFTWARE AND SERVICES
The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publically available" software.
The Site and Application may also contain links to, or incorporate or utilize, other websites, services, advertisements, promotions, information, materials or social media tools, SNS owned or maintained by third parties (collectively, "Third Party Services"). The Third Party Services are not under the control of SCN, and SCN is not responsible for the contents of any Third Party Service, including without limitation any link contained in a Third Party Service, or any changes or updates to a Third Party Service. We do not guarantee or attest to the accuracy and completeness of the information obtained through these Third Party Services. Accordingly, SCN will not be held liable for decisions made based upon information on these Third Party Services, and your use and access of the Third Party Services is at your sole risk. We are not responsible for web casting or any other form of transmission received from any Third Party Service. We are providing these links and services to you only as a convenience and as an enhancement to the Site, the Application and our services, and the inclusion of any link does not imply endorsement by SCN of the site or any association with its operators, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. You agree to abide by the terms and conditions of any applicable Third Party Services and acknowledge that these Terms do not grant you any copyright, trademark, patent or other intellectual property right in the Third Party Services or any products, services, processes or technology described or offered therein.
We may terminate any Third Party Service's ability to interact with the Site or the Services at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Services at any time, with or without notice, and we will not be liable to you or to the third party for any such actions.
As a convenience to our users, SCN provides or may provide, at its sole discretion and via the Site or the Application, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or Virtual Items, polls, surveys, user to user games, challenges, tournaments or matches (each, a “Challenge”), and other services (collectively, the "Social Features"). Social Features are provided by SCN to you and other users of the Site and the Application, subject to these Terms. SCN has no control over any user-generated content, information, and materials of any kind or nature posted in or submitted to the Social Features sections of the Site or Application (collectively, “User Content”), and the user posting or submitting such User Content is responsible for the reliability, accuracy and truthfulness of such User Content. You acknowledge that the User Content may contain material or information that you or other users find offensive, distasteful or otherwise unacceptable, and you hereby release SCN from any responsibility for such material. SCN does not and cannot review every message posted by users on the Site or the Application, and is not responsible for the content of these messages or the views or opinions expressed by its users. We reserve the right to, but are not obligated to, delete, move or edit User Content, in whole or in part, submitted by users to us for any reason. We do not assume any obligation to monitor the Social Features or remove any specific material.
You are entirely responsible and liable for all activities conducted by you or any person accessing the Site or Application via your account within the Social Features, including the transmission, posting, or other provision of User Content to any portion of the Social Features. Your use of the Social Features is subject to all of the terms and conditions of these Terms, including the restrictions set forth above under “Use of Site and Application.” In addition to such restrictions, you agree not to do any of the following actions while using any of the Social Features:
Any violation of these Terms may result in SCN terminating or suspending your access to Social Features on a temporary or permanent basis, as determined by SCN in its sole discretion.
Information disclosed in Social Features is, by design, disclosed to the public via the Site and the Services. We are not responsible for any information you choose to disclose to others via the Social Features. We reserve the right, but not the obligation, to remove any posts for any reason. Without in any way limiting the generality of the “Submissions” paragraph, above, by posting or uploading User Content to any Social Feature or submitting any other User Content to SCN, you automatically grant (or warrant that the owner of such rights has expressly granted) SCN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such User Content into any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to or posting of any User Content in any Social Feature is not subject to any obligation of confidence on the part of SCN, and SCN shall not be liable for any use or disclosure of any User Content. Without limitation of the foregoing, SCN shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the User Content.
From time to time, we may offer users the opportunity to create or acquire digital or virtual items or assets (collectively, "Virtual Items"). Such opportunities are considered Social Features, but such Virtual Items also involve additional considerations. In particular: (1) you agree and acknowledge that (i) you are granted a limited, non-exclusive license to use the Virtual Items in connection with, and solely as a part of, your use of the Site and Application and then only for the duration permitted by us; (ii) you shall have no ownership or property right, title, or interest in or expectation of the Virtual Items; and (iii) any use of the Virtual Items other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright infringement; (2) any modifications, combinations, alterations or other changes that you make to any Virtual Items ("Alterations") shall be deemed to be for the benefit of SCN, and you hereby grant, transfer, sell and assign all right, title and interest to SCN any and all rights, title or interest in and to such Alterations and all proceeds derived from the Alterations or in connection with such Alterations, with the right to make such changes therein and such uses and disposition thereof, in whole or in part, as SCN may from time to time determine as the author and owner thereof, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights now or hereafter recognized in any territory, by any and all means, media, devices, processes and technology, and all rights generally known as the "moral rights of authors”; and (3) Virtual Items have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased outside of the Site or the Application or used to engage in any gambling activity. Any Virtual Items obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. For all other purposes of these Terms, Alterations shall be considered User Content.
By registering for an account, you agree that SCN may display your username throughout the Site, including, but not limited to, areas such as leader boards, individual tournament records, message boards, chat rooms, and other similar Social Features. By accepting any prize from the Site, you agree to allow SCN to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the prize(s) you won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release SCN from any liability with respect thereto.
The Application and Site provide users the opportunity to participate in Challenges and other contests and promotions. While you may participate in certain Challenges for free, most Challenges require that you purchase “Credits” in order to participate, as noted on the ”Select Challenges” and related screens available via the Application. A list of Challenges, their Credit requirements, and potential points won in such Challenges can also be found in XBowling Challenge Rules by clicking here. Credits may be purchased via the payment method(s) you have on file with the Apple App Store or Google Play, as applicable.
By participating in Challenges, you have the opportunity to earn points. We offer two types of points – (1) “Game Points”, which are points earned in the course of a single game and (2) “SCN Reward Points”, which are points that may be used as virtual currency to redeem merchandise or other rewards that we make available to you in the “SCN Rewards Store” which may be accessed via the Application (for users of Apple devices only) or the Site (for users of Apple and Android devices). Except as otherwise described below, all Game Points (also shown in the App as users’ cumulative “All Time Points”), turn into “SCN Reward Points” on a 1:1 basis. While the SCN Reward Point balance declines with each use/redemption of these points in the SCN Reward Store, the value of All Time Points, which is the cumulative value of all Game Points earned by a user, is not affected by such declining balance of SCN Reward Points.<
For some Challenges, you may earn Game Points for simply participating; for others, you must achieve specific goals to earn points (such as, but not limited to, knocking down certain pins, achieving a certain score, or winning a game). The criteria for earning Game Points in a particular Challenge are listed on the “Select Challenges” and related screens for that Challenge available via the Application. A list of Challenges and their rules for earning Game Points can also be found in XBowling Challenge Rules by clicking here. You may view the merchandise and rewards available in our SCN Rewards Store at any given time within the Application or Site; we may vary the contents of the SCN Rewards Store at any time, without notice to you. Your ability to earn Game Points is dependent on a number of factors, including, without limitation, the Challenge(s) you select or enter, your skill in achieving the required criteria to earn Game Points for a particular Challenge, and the skill of other players or users that may be participating in a Challenge. We may also offer Game Points or Credits to users who participate in various Social Features, such as inviting a friend to register for an account with us, or as special promotions or loyalty rewards for achieving certain levels of play or achievement.
Credits and points are not transferable between accounts, are not for resale and have no cash value. All Credit purchases and SCN Reward Point redemptions are non-refundable. SCN Reward Points may only be redeemed for items available in the SCN Rewards Store. Users may only maintain Credits and SCN Reward Points in one XBOWLING account. We may adjust Credit and SCN Reward Point balances to correct computing errors, and we may suspend or terminate your access to purchased Credits, earned points and redeemed offers if you violate these Terms. We reserve the right to modify or eliminate SCN Reward Points and our SCN Rewards Store feature at any time by posting a notice on this Site or via email to our users.
Although we take reasonable care to ensure that the goods and services offered in our SCN Rewards Store are accurately described and available, the actual availability may vary as a result of factors beyond our control. If a specific good or service so listed is not available, we may substitute a comparable reward of equal or greater value, or ask you to select a different reward. Merchandise, reward or prize availability may vary, and redemption requests are satisfied on a first-come, first served basis, whereby the requests of our users are attended to in the order that they arrived, without other biases or preferences. In order to receive any physical or tangible merchandise or prize, you must provide us (or our third-party redemption services vendor) a full physical address (not PO Box) so we may send you your merchandise or reward. Once you have provided a physical address to us, that same physical address may not be associated with any other account or email address; if more than one account exists for the same shipping address, we may suspend or terminate all associated accounts. Approval and shipping timeframes may vary based on availability, your location and other factors. We reserve the right to ship items at any time after approval. We are not responsible for lost merchandise or prizes due to, but not limited to, incorrect shipping addresses or faults on behalf of intermediary shipping companies. Merchandise or prizes may not be returned or exchanged. All redemption requests are routed to our third party redemption services vendor and are processed in as timely a manner as possible. All open redemption requests with available rewards will be completed and shipped (either from our home office or from our vendor’s facilities, depending on the requested merchandise or reward) within 15 days.
From time to time, we may offer gift cards as prizes in our SCN Rewards Store. Such gift cards can be used to purchase the merchandise described at a third-party vendor. In these cases, the value of the gift card is equal to or greater than the cost of purchasing the listed good or service (excluding any shipping, handling, or applicable taxes) from the designated vendor as of the time you claim your reward. We are not responsible for subsequent price increases by the vendor for that good or service. Also, certain gift cards or other rewards may expire within a certain stated period; please make sure to review the terms of any reward carefully before you redeem your Points for that reward. Expired rewards or gift cards will not be replaced or refunded. Unless otherwise stated, the vendors have no affiliation with SCN and are not authorized to act or make representations on behalf of SCN. You may be required to register or create an account with the vendor in order to redeem your card and collect your reward, and you are subject to the vendor's applicable policies, including expiration dates or inactivity charges for their cards. You are solely responsible for any shipping, handling, taxes or other incidental charges as required by the vendor. Note, in particular, that many vendors charge sales tax when gift cards are redeemed, based on your place of residence. You are responsible for any and all taxes associated with your redemption of Points for merchandise or other rewards or with your receipt of any merchandise or other rewards available in connection with the Application, any Challenge or other contests or promotions.
We plan to open our SCN Rewards Store to users from outside of the US in the future, subject to regulatory and logistics availability. At this point, all Game Points earned in bowling centers located outside of the US will not be converted into SCN Reward Points. We will update the status of availability of this feature for international players from time to time.
Note that you must be 18 years or older to redeem points or claim rewards. If we attempt to verify your identity, eligibility, or age, but are unable to do so, we may in our sole discretion withhold your reward or merchandise.
ALL CHALLENGES AND THEIR ASSOCIATED POINT REDEMPTION FEATURES ARE VOID WHERE PROHIBITED OR RESTRICTED. Game Points earned by users at bowling centers located in the following states will not be turned into SCN Reward Points: Alaska, Hawaii, Vermont, Montana, South Carolina, New Jersey, Tennessee, Washington, South Dakota, and New Hampshire. If you are such a user, you agree and acknowledge that the sole benefit you receive from your purchase of Credits is your opportunity to participate in the Challenges and associated Social Features you select. Residents of Arizona and Louisiana will have certain restrictions on either one or both the amount of Credits that may be used to participate in a Challenge and/or the value of the prize that may be redeemed from earned SCN Reward Points. >Click here to see more details on these restrictions. We may lift these restrictions on one or more of these states without notice, at which point the accumulated Game Points (All Time Points) of these players earned in any such states would be converted into SCR Reward Points.
Please note that certain contests or promotions offered via the Site or the Application (including, without limitation, certain Challenges) may be governed by a separate set of rules that, in addition to describing such contest or promotion (including, without limitation, certain Challenges), may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. All of such rules will be posted on the Site as and when available. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such contest or other promotion (including, without limitation, certain Challenges), you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all of the content on the Site and in the Application is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by SCN or its licensors, including Apple and Google. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are our intellectual property and proprietary and confidential information and our affiliates, licensors and suppliers. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the Site or the Application by implication, estoppel or other legal theory, and we reserve all rights in and to the Site or the Application not expressly granted in these Terms.
You acknowledge and agree that SCN®, XBOWLING® and XBOWLING LIVE™ and their related logos and all related product and service names, design marks and slogans are trademarks and service marks (collectively, the “SCN Marks”) are owned by us, and acknowledge that some of the SCN Marks are registered in the U.S.. You are not authorized to use the SCN Marks in any advertising, publicity or in any other commercial manner without the prior written consent of SCN, which may be withheld for any or no reason. Without limiting the generality of the foregoing, you may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site or Application without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the name, domain name or trademarks of SCN without the express written consent of SCN. Any unauthorized use terminates the permission or license granted by SCN.
You and we acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party's intellectual property rights, you (and not SCN, Apple or Google) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify us in writing of such a claim.
THE SITE AND THE INFORMATION, SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE APPLICATION), PRODUCTS, SERVICES, CONTENTS, GRAPHICS, MERCHANDISE, REWARDS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE APPLICATION (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE, THE APPLICATION OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE AND THE APPLICATION. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE, THE APPLICATION AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE OR APPLICATION FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND APPLICATION OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT OR THE APPLICATION WITHOUT NOTICE OR LIABILITY.
IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM SCN AT: firstname.lastname@example.org.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, ALL MERCHANDISE OR OTHER REWARDS OFFERED VIA THE SITE OR THE APPLICATION) ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND SCN AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY THIRD PARTY SERVICE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS AND ANY THIRD PARTY SERVICE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCN OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE SITE, ITS CONTENTS, THE APPLICATION OR ANY THIRD PARTY SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR ANY OF THE TERMS OR CONDITIONS CONTAINED IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE APPLICATION.
We are not liable or responsible for any delays or failure in performance of any part of the Site or the Application due to any cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
You agree that SCN has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
cause of action you may have with respect to your use of the Site or the Application must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.
TERMINATION / RESTRICTION
The licenses granted in these Terms are effective until termination. We reserve the right, in our sole discretion, to suspend the Site, the Social Features, the Application, or your use thereof, or terminate these Terms or your access to the Site and the related services (including, without limitation, the Social Features), the Application or any portion thereof at any time, without notice, for any reason, including, without limitation, for your violation of any of its provisions. The Intellectual Property Rights, Warranty Disclaimer, Limitations of Liability, Submissions, Indemnification and General sections of these Terms shall survive any such termination.
You hereby agree to indemnify, defend and hold SCN and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys' fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to SCN, (ii) any breach by you of these Terms, the App Store Terms or the Google Play Terms; (iii) your access to or use of the Application, Third Party Software or Third Party Services; (iv) your violation of law; (v) your negligence or willful misconduct; or (vi) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. You shall cooperate as fully as reasonably required in the defense of any claim. SCN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of SCN.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Application for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Application, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
You acknowledge that you (not SCN, Apple or Google) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify SCN of any third party claims relating to the Application of which you become aware. Furthermore, to the maximum extent permitted by applicable law, you hereby release SCN, Apple and Google from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION OVERIN GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE OR THESE TERMS AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The Site, the Application and the software used to provide the Site and the Application, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Sports Challenge Network, LLC, 1862 Auburn Road, Suite 118, Dacula, Georgia 30019.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (ii) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Apple, Google and their respective subsidiaries are express third party beneficiaries of these Terms and shall have the right to enforce these Terms against you in such capacity. Except as set forth in the preceding sentence, nothing contained in this License are intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Time is of the essence.
 Apple is a trademark of Apple, Inc., registered in the U.S. and other countries.
 Google Play is a trademark of Google Inc.
 Android is a trademark of Google Inc.